Claim of Skarpeletzos v. Counes & Raptis Corp.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 10, 1919, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The Compensation Act in terms limits compensation to non-resident alien dependent parents of the deceased to the father or mother. (L. 1916, ch. 622; Debessi v. Normandy Water Co., 228 Fed.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 10, 1919, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The Compensation Act in terms limits compensation to non-resident alien dependent parents of the deceased to the father or mother. (L. 1916, ch. 622; Debessi v. Normandy Water Co., 228 Fed. Rep. 234; Cassella v. McCormick, 180 App. Div. 94.) Section 17 of the Compensation Law authorizes compensation to both…
1Opinion of the CourtPound, J.
This is a workmen’s compensation case. Deceased was an alien who was killed in the course of his employment. He left no wife or child. His father and mother were non-resident aliens and the industrial commission made an award to each parent of twenty-five per centum of his wage, which has been upheld by the Appellate Division. The question is as to the proper award of the death benefit under the provisions of section 17, Workmen’s Compensation Law (Cons. Laws, ch. 67; L. 1914, ch. 41, as amended by L. 1916, ch. 622), which reads as follows:
“ § 17. Aliens.— Compensation under this chapter to…
2Cases cited3 opinions
- In Re the Accounting of MengNew York Court of Appeals · 1919
- Maiorano v. Baltimore & Ohio RailroadSupreme Court of the United States · 1909
- In re the Judicial Settlement of the Account of MengAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by5 opinions
- Central Standard Life Insurance v. GardnerAppellate Court of Illinois · 1962
- Claim of Hansen v. Flinn-O'Rourke Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Claim of Bunis v. Herman Gabbe & Bro., Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Claim of Intini v. Stittville Canning Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Claim of Lyons v. Park, Inc.Appellate Division of the Supreme Court of the State of New York · 1920